Quirky Questions

Real Life Employment Law

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A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.

This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

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Author: Josh Hughes

How bad is bad enough to sue? The U.S. Supreme Court clarifies when a work transfer is “adverse” enough to support a lawsuit under Title VII.

 

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The United States Supreme Court recently clarified the law that applies to federal workplace discrimination claims based on an employee’s allegation that he or she was transferred to a job they didn’t want for a prohibited reason. In Muldrow v. City of St. Louis, Justice Elena Kagan wrote for a unanimous Court and reversed the Eighth Circuit’s dismissal of a...

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What factors should employers consider in assessing whether their diversity, equity and inclusion practices comply with Title VII?

What factors should employers consider in assessing whether their diversity, equity and inclusion practices comply with Title VII?

 

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For decades employers have sought to promote diversity in their workforces.  In recent years, employers have expanded these efforts by establishing policies and practices commonly referred to as diversity, equity and inclusion (“DEI”) programs. Employers have multiple objectives for adopting and maintaining DEI programs.  Some do so in connection with their obligations as government contractors to pursue the goals of...

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Recreational Marijuana Legalization, Drug Testing Trends, and Considerations for Employers

 

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Minnesota is now the 23rd state (in addition to Washington D.C. and Guam) to legalize recreational marijuana in some form or another. Minnesota joins a growing list of states taking action on marijuana policy. With nearly half of the states now permitting adult-use of marijuana, what trends and laws should employers consider when revising or adopting drug testing policies? To...

VIEW ALL POSTS ABOUT: Background Checks, Drug & Alcohol Use, Privacy Rights
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The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

 

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What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?”  In many cases, employers can follow their own policy and impose discipline if appropriate.  But, where profanity and heated outbursts come up in the context of complaints about the terms and conditions of the employee’s job, the...

VIEW ALL POSTS ABOUT: At Will Employment, Discipline and Discharge, Labor Law, Workplace Violence
What Information is Off-Limits for Utah Employers Under the New Vaccine and Immunity Passport Restrictions Act?

What Information is Off-Limits for Utah Employers Under the New Vaccine and Immunity Passport Restrictions Act?

 

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The Utah Legislature recently passed, and the Governor signed, The Vaccine and Immunity Passport Restrictions Act (“the Act”). This bill prohibits the use of vaccination or immunity status in public accommodations, governmental entities, and for employment decisions. Utah now follows Montana in prohibiting employment discrimination based on vaccine status. With such a small number of states taking this approach—and with...

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What Obligations do Employers have to Provide Employees with Time off to Vote?

 

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With the 2022 midterm elections fast approaching, and sky-high interest in voting this election cycle, more employers than ever may be considering their obligations to provide employees time off to vote.  As it stands, 29 states require employers to provide some kind of voting leave.  But with the rise in popularity of mail and early voting during the pandemic taking...

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